First Amendment News

Seth Stein in the Columbia Journalism Review, March 26, 2024, argues that forcing a sale of TikTok is in effect a ban and prior restraint. Those for the ban are worried about China’s use of TikTok to influence the 2024 election. But writes Stein, “the First Amendment doesn’t allow censorship ‘just in case.’ It was downright reckless for the House to pass legislation to effectively ban TikTok the day after [director of national intelligence Avril]

Gannett and McClatchy said they will no longer use stories supplied by The Associated Press claiming that they would have no trouble providing content, but with staff cuts, it is difficult to believe that there will not be a drop off in news coverage. (The Washington Post, March 21, 2024, by Laura Wagner) Poynter’s Rick Edwards says that while negotiations are still ongoing between AP and Gannett and McClatchy, it appears that with the expense

With Meta planning to close CrowdTangle on August 14, digital rights groups and others sent a letter asking the company to extend the platform until 2025. The portal provides journalist, fact-checkers, election officials and academics with an invaluable view of falsehoods and conspiracy theories on Facebook and Instagram. The letter said to close the platform would weaken attempts to uphold the integrity of elections. (NiemanLab, March 25, 2024, by Andrew Deck) For related FAC coverage,

The U.S. Supreme Court indicated they were reluctant to allow states to stop the Biden administration from contacting media companies to persuade them not to publish hurtful speech. The court seemed to support contact so long as there was no coercive threats. (The New York Times, March 18, 2024, by Adam Liptak) In their questioning, conservative justices John Roberts, Brett Kavanaugh and Amy Coney Barrett expressed concerns about limiting the government’s ability to discuss concerns

An immigration judge granted asylum to Mexican Journalist Emilio Gutierrez Soto and his son after a 15-year battle and two rulings against the father and son. They had fled Mexico in 2008 after receiving death threats while reporting on military corruption. (Reporters Committee, March 18, 2024) A FOIA lawsuit decided in favor of the Sotos in December set the stage for the granting of asylum. ICE had refused to search for records on the case